{"id":"F2024L00050","name":"Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024)","slug":"statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442250,"registerId":"F2024L00050-fast-fetch-1775957295183","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nMALIGNANT NEOPLASM OF THE TESTIS AND EPIDIDYMIS (Balance of Probabilities)\n\n(No. 8 of 2024)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 22 December 2023.\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n|
Professor Terence Campbell AM
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024).\n\n2 Commencement\n\n This instrument commences on 22 January 2024.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning malignant neoplasm of the testis and paratesticular tissues No. 4 of 2015 (Federal Register of Legislation No. F2014L01815) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about malignant neoplasm of the testis and epididymis and death from malignant neoplasm of the testis and epididymis.\n\nMeaning of malignant neoplasm of the testis and epididymis\n\n(2) For the purposes of this Statement of Principles, malignant neoplasm of the testis and epididymis:\n\n(a) means a primary malignant neoplasm arising from cells of the testis and/or epididymis; and\n\n(b) includes the following:\n\n(i) germ cell tumour in situ;\n\n(ii) germ cell tumour;\n\n(iii) seminoma and non-seminoma;\n\n(iv) sex cord stromal carcinomas;\n\n(v) epididymis carcinomas;\n\n(vi) rete testis carcinomas;\n\n(c) excludes the following:\n\n(i) vas deferens tumours;\n\n(ii) soft tissue sarcoma;\n\n(iii) non-Hodgkin lymphoma;\n\n(iv) Hodgkin lymphoma;\n\n(v) leukaemic infiltrates.\n\n(3) While malignant neoplasm of the testis and epididymis attracts ICD‑10‑AM codes C62 and C63.0, in applying this Statement of Principles the meaning of malignant neoplasm of the testis and epididymis is that given in subsection (2).\n\n(4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\nDeath from malignant neoplasm of the testis and epididymis\n\n(5) For the purposes of this Statement of Principles, malignant neoplasm of the testis and epididymis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant neoplasm of the testis and epididymis.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that malignant neoplasm of the testis and epididymis and death from malignant neoplasm of the testis and epididymis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the testis and epididymis or death from malignant neoplasm of the testis and epididymis is connected with the circumstances of a person's relevant service:\n\n(1) being infected with human immunodeficiency virus before the clinical onset of malignant neoplasm of the testis and epididymis;\n\n(2) inability to obtain appropriate clinical management for malignant neoplasm of the testis and epididymis before the clinical worsening of malignant neoplasm of the testis and epididymis.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, malignant neoplasm of the testis and epididymis where the person's malignant neoplasm of the testis and epididymis was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n malignant neoplasm of the testis and epididymis—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has narrowed in scope compared to its predecessor. The 2015 version it repeals covered 'malignant neoplasm of the testis and paratesticular tissues' — a broader anatomical category. This 2024 version restricts coverage to 'testis and epididymis' specifically, excluding paratesticular tissues. Additionally, the factors for establishing service connection appear more restrictive than typical Statements of Principles, which often include multiple environmental, chemical, or trauma-related factors. The exclusion of vas deferens tumours, lymphomas, and sarcomas that were potentially covered under the broader 'paratesticular tissues' definition represents a material reduction in scope."},"complexity_factors":["Short document (approximately 1,500 words)","Only 7 defined terms in the Dictionary","Simple binary structure: two factors only in section 9","Minimal cross-referencing (only to other Statements of Principles in section 11 and standard definitions)","Clear exclusion list in section 7(2) specifying what cancers are not covered","Single conditional limitation in section 10(2) restricting the application of factor 9(2)","No nested exceptions or complex temporal calculations beyond 'before clinical onset/worsening'"],"plain_english_summary":"This instrument sets the medical criteria for veterans and current/former defence members claiming compensation for testicular and epididymis cancers. It narrows prior policy, specifies which tumours are covered and which are excluded, and applies the \"balance of probabilities\" standard for proving service connection.\n\nCrucially, it allows service connection only in two situations: pre-existing HIV infection before cancer symptoms, or inability to access proper treatment for a cancer that already existed before or during service — otherwise claims are unlikely to succeed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement of Principles (s4) and replaces it with a Statement limited to malignant neoplasm of the testis and epididymis. The text narrows and clarifies covered conditions (s7(2)–(3)) and limits qualifying service‑related factors to a short list (s9), while specifying how inability to obtain appropriate management may operate as material contribution/aggravation for pre-existing disease (s10(2)). These textual differences indicate a changed scope from the earlier instrument."},"complexity_factors":["Limited list of qualifying causal factors narrows proof pathways and concentrates evidentiary burden on specific medical histories (see s9).","Requirement that any qualifying factor be related to the person's relevant service creates a legal link between medical facts and service records, increasing documentary and medical-evidence demands (see s10(1)).","Application restriction for pre-existing disease: s10(2) confines s9(2) to material contribution or aggravation where disease existed before or during service but did not arise out of service, producing a nuanced causal test.","Definitions and categorical inclusions/exclusions of tumour types require clinical interpretation and ICD code cross-reference, imposing medical-expert input (see s7(2)–(4)).","Repeal and replacement of the 2015 Statement (s4) changes administrative scope and may alter prior claim assessments.","Cross-references to other Statements of Principles mean interdependent application and potential for layered evidentiary rules (see s11).","Coverage and commencement provisions link this instrument to VEA and MRCA claim processes, affecting which claim streams must follow these rules (see s2, s5).","Terms such as 'inability to obtain appropriate clinical management' are fact‑specific and may permit administrative discretion in application, raising implementation risk (see s9(2) and s10)."],"plain_english_summary":"This instrument replaces the earlier Statement of Principles and sets the legal medical test for linking malignant neoplasm of the testis and epididymis to a veteran’s or member’s relevant service for VEA and MRCA claims. It defines which testicular and epididymal tumours are included and which are excluded. To succeed on the balance of probabilities, a claimant must show a service‑related factor (for example, prior HIV infection or a service‑related inability to obtain appropriate clinical management) that connects the disease to their relevant service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab","history":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab/history","analysis":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab/analysis","conflicts":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab/important-cases","documents":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-testis-and-epididymis-balance-of-probab/documents"}}